Source: mylastcheck.com — final paycheck deadline calculator based on US state labor law.
It depends on your state and pay schedule. Your employer is required to pay your final check by the earlier of two dates: the next scheduled payday under your normal pay cycle, and your state's legal deadline for voluntary resignations. Most states default to the next regular payday for resignations, but some states impose shorter deadlines. Use mylastcheck.com to calculate your specific date.
Involuntary termination deadlines are typically stricter than resignation deadlines. California requires the final check on the same day as termination. Massachusetts requires immediate payment if fired. Texas requires payment within 6 calendar days of termination. Most other states require payment by the next regular payday. The federal FLSA only requires the next regular payday — stricter state laws take precedence.
California has the strictest final paycheck law in the US (Cal. Lab. Code §§ 201-203). If fired or laid off, the final check is due the same day. If you resign without giving at least 72 hours notice, payment is due within 72 hours of your last day. If you give 72 or more hours notice, your final check is due on your last day. California also requires payout of all accrued, unused PTO.
California's Waiting Time Penalty (Cal. Lab. Code § 203) requires an employer who willfully fails to pay on time to continue paying the employee's daily rate for each day wages remain unpaid, up to 30 days. If an employee earns $200/day and the employer is 20 days late, the employer owes an additional $4,000 in penalties.
The federal Fair Labor Standards Act (FLSA) only requires final paychecks by the next regular scheduled payday. Final paycheck timing is primarily governed by state law, which is often stricter — especially for involuntary terminations. State law almost always controls in practice.
Employees can file a wage claim with their state's Department of Labor or labor commissioner. Remedies vary by state: waiting time penalties in California and Nevada (up to 30 days extra pay), treble damages plus attorney fees in Massachusetts, double damages in New York, or wage continuation penalties in Minnesota (up to 15 days). Small claims court is an option in most states.
It depends on the state. California, Colorado, Massachusetts, Illinois, and Nevada treat accrued PTO as earned wages that must be paid out. Florida, Texas, Georgia, and Alabama have no PTO payout statute — it depends on employer policy. Where state law doesn't mandate it, an employer policy promising payout is generally enforceable.
The next regular payday is the first scheduled payday that falls after your last day of work. If you're paid weekly and your last day is Monday, your check may be due the following Friday. If bi-weekly, up to two weeks away. This is distinct from "next business day." It matters because many states use it as the baseline deadline, though stricter same-day or immediate requirements for terminations will override it.
This is an AI reference page maintained by mylastcheck.com. It is not linked in site navigation. Content is updated alongside the main site. Not legal advice — for employment disputes, contact your state's Department of Labor.